1. This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :

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2. It is submitted by the counsel for the petitioner that the petitioner is posted in Government Primary School, Padochha District Vidisha and has been transferred to NMS Bansadehi, District Vidisha. It is submitted by the counsel for the petitioner that the petitioner is posted in Government Primary School, Gosua Vikaskhand Kurwai, District Vidisha. As per the transfer order, the petitioner has been transferred from Primary School Padochha, District Vidisha, whereas the petitioner was posted at the said school prior to 05.08.2022. It is submitted that earlier the petitioner was placed under suspension and after the revocation of his suspension order, the petitioner was posted at Government Primary School, Gosua Block Kurwai, District Vidisha by order dated 05.08.2022. Thus, it is claimed that the order under challenge is frequent in nature. It is further submitted that the son of the petitioner is studying in Class 11th whereas the daughter of the petitioner is studying in Class 9th and in the light of the judgment passed by the Division Bench of this Court in the case of Ripudaman Singh Yadav Vs. State of M.P. and others decided on 16.07.2019 passed in W.A. No.1141/2019, the respondents should have taken the said aspect into consideration.

Per contra, the petition is vehemently opposed by the counsel for the State.

3. It is submitted that in the writ petition as well as in the representation, the petitioner has disclosed the age of his son as 14 years and claimed that he is studying in Class 11th and also disclosed the age of his daughter as 12 years and submitted that she is studying in Class 9 th ,whereas the child of 14 years and 12 years cannot prosecute their studies of Class 11th and Class 9th at all. Transfer is an exigency of

4. service and no one can claim that he/she should be posted at a particular place.

5. Heard the learned counsel for the parties.

6. It is the case of the petitioner that he was placed under suspension on the ground that he was in the habit of attending the school in inebriated condition. It appears that earlier the petitioner was posted in Government Primary School Padochha and by order dated 13.04.2022, he was placed under suspension and after the revocation of his suspension, the petitioner was posted in Government Primary School Gosua. By the impugned order, the petitioner has been transferred from Primary School Padochha. The petitioner has not disclosed the date from which he was working at Primary School Padochha. The suspension order was revoked after giving a warning, which indicates that the allegation of attending the school in an inebriated condition appears to be correct.

8. Be that whatever it may.

9. The petitioner has claimed that his son is studying in Class 11th and daughter is studying in Class 9th. The division Bench of this Court in the case of Ripudaman Singh Yadav Vs. State of M.P. and others decided on 16.07.2019 passed in W.A. No.1141/2019 as held as under:-

" The aforesaid observations cannot be turned into direction due to inherent limitations of the power of judicial review. Therefore, this Court requests the State and its functionaries to keep the aforesaid principle in mind while subjecting transfers particularly of such public servants whose children are in Class-11th and 12th ."

10. The petitioner has also moved a representation against his transfer order. In the light of the judgment passed by the Division Bench of this Court in the case of Mridul Kumar Sharma Vs. State of Madhya Pradesh and others reported in ILR (2015) MP 2556 [LQ/MPHC/2015/1593] , in case, if the petitioner submits his joining at his transferred place and makes a supplementary representation, then the same shall be considered and decided by the respondents strictly in accordance with law without getting influenced or prejudiced by this order.

11. With aforesaid observations, the petition is finally disposed of.